No Win, No Fee

[muskox]

Have been victim of a two dog attack on self and my own dog.

Would be interested in people's experience of dog attacks from civil proceeding point of view.

Is there a legal standard I should look for using a no win/no fee firm? 

I don't want to affect my claims record for house insurance (legal protection), as my premium next year will go up.

[Peter Pedant]

The rules are in flux  - so I think you have to ring the firm and find out their conditions

[bednobs]

you might find the legal protection (as an add on) is seperate from the HI policy, a bit like windscreen cover claims dont affect your NCD in a car

[Peter Pedant]

oh the legal add on , on insurance?

the skool leaver at the end of the phone said - "you arent convered for that, you'll have to find out"

which was predictable - take a fee and give no  service ( hardly a new thing)

[barry1010]

Has the dog owner got assets?  Absolutely pointless suing somebody who is unemployed and living in rented accommodation, unless they have insurance for the dog.

[muskox]

The dog owner has no pet insurance and told the police & dog warden that he would refuse to pay. I think that he has his own home and car.

Thank you all for your answers so far.

[bednobs]

can you quantify your losses?  perhaps you could do it yourself through the small claims court - you dont nee d a solictor for that

[Peter Pedant]

small claims MUST be used for claims up to... quite  alot, £5-10,000) I think

and yes you should think about your losses. These things are not money makers.

AND - if he has a house, and house insurance ( people frequently have both....) you may be able to claim off the House Insurance ! -  cute huh? - depends if the policy covers that

[Peter Pedant]

Would be interested in people's experience of dog attacks from civil proceeding point of view.

dog bit my dog ( like mauled it) - Police uninterested, I didnt claim and police later shot the dog. ( drug dealers dog, as we all said)

[muskox]

Might just give up, for a peaceful life.

I had hoped that the police would be more supportive.

It doesn't sound too straightforward, but thank you all.

 

[barry1010]

How bad was the attack?  Vet fees, hospital treatment, time off work?

[muskox]

My injuries are relatively minor. 40 bites. Outpatient treatment. Glueing of wounds, but healing now.

Retired. Have anxiety near large dogs but no counselling. Unable to exercise dog because of its injuries.

[barry1010]

Sounds horrific, surprised the police didn't take it further.  

[bednobs]

christ on a bike! 40 bites!!!

small claims isnt all that stressfull and easy (ish) to do yourself

[muskox]

I wonder what charges the police could make, as a matter of interest.

[barry1010]

If it happened in a public place, being in charge of a dog dangerously out of control is an offence that might be appropriate 

[muskox]

Barry1010

I'll have to look that one up and check the definition and evidence needed. Thank you 

[barry1010]

https://www.cps.gov.uk/legal-guidance/dangerous-dog-offences

"Dogs dangerously out of control (all dogs)

Under section 3(1) of the 1991 Act (as amended by the Anti-Social Behaviour, Crime and Policing Act 2014, (the ‘2014 Act’)), if any dog is dangerously out of control in any place, including all private property, the owner, or person for the time being in charge of the dog, is guilty of a summary offence. That offence becomes an aggravated offence, and triable either way, if the dog injures any person or an assistance dog while out of control.

A dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so, (section 10(3) Dangerous Dogs Act 1991)"

Scroll down the link for further explanation and case law

[Canary42]

Reading barry's link suggests the police have been negligent - I pity them if the dog offends again more severely (e.g.death) - they'll be crucified for no earlier action.

[Peter Pedant]

Police are immuune from suit for negligence

at least were when I read Blackburn v MPC 1964.

Also the Rippers last victim's muother sued for loss of life ( clearly not hers) and lost

[muskox]

Thank you all. The dangerous dogs act made very interesting  reading. Superb answer